BILL NUMBER: AB 33	CHAPTERED  10/10/99

	CHAPTER   734
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MARCH 8, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 3, 1999

INTRODUCED BY   Assembly Member Soto
   (Coauthors:  Assembly Members Alquist, Calderon, Cardenas,
Cedillo, Ducheny, Firebaugh, Florez, Havice, Honda, Longville, Reyes,
Romero, Shelley, Strom-Martin, Thomson, Torlakson, Vincent,
Washington, Wesson, and Wright)
   (Coauthors:  Senators Baca, Hayden, Hughes, and Vasconcellos)

                        DECEMBER 7, 1998

   An act to amend the heading of Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of, to add Sections 51123 and 51124
to, to add Article 3 (commencing with Section 51130) and Article 4
(commencing with Section 51140) to Chapter 1.5 of Part 28 of, and to
repeal and add Sections 51121 and 51122 of, the Education Code,
relating to parental involvement, and making an appropriation
therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 33, Soto.  School-parent compacts:  Parent/Teacher Involvement
Program.
   Existing law requires the governing board of each school district
to adopt a policy on parent involvement.
   Existing law also establishes the Parental Involvement Grant
Program, which is administered by the Superintendent of Public
Instruction.  The program requires any school district that maintains
kindergarten or any of grades 1 to 12, inclusive, to apply on behalf
of a school for funding under that program if the schoolsite council
of the school submits an application, including a parent involvement
plan, that meets certain requirements, upon certification that a
significant percentage of the parents of the pupils at the applicant
school have signed compact agreements regarding parental
participation, as described.
   This bill would delete the provisions that establish the
Parent/Involvement Grant Program, and instead establish the Nell Soto
Parent/Teacher Involvement Program, pursuant to which the
Superintendent of Public Instruction would allocate grants to schools
in accordance with prescribed criteria, for the purpose of
strengthening communication between schools and parents.  The bill
would require that the grants awarded under the program be used for
stipends to teachers and other purposes of the program.  The bill
would provide that nothing in the program be construed to supersede
any valid restraining order, protective order, or order for custody
or visitation issued by a court of competent jurisdiction.
   The bill would require a school district, to receive funding under
the Nell Soto Parent/Teacher Involvement Program, to submit an
application to the Superintendent of Public Instruction that includes
certain elements including, among others, a plan for a program that
facilitates significant involvement of parents in their children's
education.
   Existing law requires the governing board of each school district
that receives certain federal funds to establish a parent involvement
program that includes home activities, strategies, and materials
that can be used to assist and enhance the learning of children.
   This bill would establish the Teresa P. Hughes Family-School
Partnership Award and Grant Program, to be administered by the State
Department of Education.  This bill would require the grant of
nonmonetary awards and funds to applicant school districts and county
offices of education for schools that establish or expand family
outreach programs that meet prescribed participation criteria.  The
bill would require the nonmonetary awards to be in the form of a
plaque or sign and the grants of funds not to exceed $15,000 per
schoolsite.
   Existing law requires the governing board of each school district
to adopt a policy on parent involvement.  Existing law provides that
the parents and guardians of pupils enrolled in public schools have
the right and should have the opportunity as mutually supportive and
respectful partners in the education of their children within the
public schools, to be informed by the school about matters relating
to the education of their children, and to participate in the
education of their children.  Existing law requires the governing
board of each school district to develop jointly with parents and
guardians, and to adopt, a policy that outlines how parents or
guardians of pupils, school staff, and pupils may share the
responsibility for continuing the intellectual, physical, emotional,
and social development and well-being of pupils at each schoolsite.
   This bill would establish the Tom Hayden Community-Based Parent
Involvement Grant Program, whereby state funds would be allocated to
school districts for the purposes of contracting with nonprofit
community-based organizations through a grant program, to be
administered by the State Department of Education, to offer training
courses for parents and guardians of schoolage children to enhance
their involvement in public education.  The bill would provide for an
annual grant amount, not to exceed $40,000 per schoolsite.
   The bill would appropriate, without regard to fiscal year,
$20,000,000 from the General Fund to the Superintendent of Public
Instruction for allocation for the purposes of the programs
established pursuant to its provisions.  From that amount, the bill
would allocate $15,000,000 for the purpose of establishing the Nell
Soto Parent/Improvement Grant Program, $2,500,000 for the purpose of
establishing the Teresa P. Hughes Family-School Partnership Award and
Grant Program, and $2,500,000 for the purpose of establishing the
Tom Hayden Community-Based Parent Involvement Program.
   The funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The heading of Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of the Education Code, as added by
Chapter 78 of the Statutes of 1999, is amended to read:

      Article 2.  Nell Soto Parent/Teacher Involvement Program

  SEC. 2.  Section 51121 of the Education Code, as added by Chapter
78 of the Statutes of 1999, is repealed.
  SEC. 3.  Section 51121 is added to the Education Code, to read:
   51121.  (a) The Nell Soto Parent/Teacher Involvement Program is
hereby established for the purpose of providing one-time grant awards
to schools in which a majority of teachers and parents agree to
strengthen the communication between schools and parents as a means
of improving pupil academic achievement.
   (b) Any school district or charter school that maintains
kindergarten or any of grades 1 to 12, inclusive, may operate a
parent/teacher involvement program at any schoolsite that meets each
of the requirements set forth in subdivision (c).
   (c) The program shall include all of the following elements:
   (1) At least 50 percent of the teachers employed at the schoolsite
voluntarily agree to participate in either periodic visits to the
homes of their pupils or in community meetings that are held at
times, and locations, that are convenient to parents.
   (2) At least 50 percent of the parents or guardians of pupils
enrolled at the schoolsite have voluntarily signed a
parent/teacher/pupil compact that requires parental participation in
periodic home visits or community meetings.  The compact shall also
encompass the elements of the parent involvement policy adopted by
the State Board of Education on September 9, 1994.
   (3) A teacher who participates in the program shall receive
training in strategies for communicating effectively with parents and
in conducting periodic home visits or community meetings.  These
strategies may include providing parents with guidance in how to
reinforce educational objectives with their children at home.
   (4) A teacher shall be compensated for their participation in home
visits or community meetings at an hourly rate comparable to his or
her regular base salary.
   (5) A certification that participating teachers or participating
teachers paired with instructional aides, will conduct home visits to
a substantial percentage of the enrolled pupils whose parents or
guardians have voluntarily signed a parent/teacher/pupil compact at
least once annually or that, in the case of high schools or middle
schools that participate in the program, will hold at least monthly
community-based meetings at various sites located throughout the
attendance area of the high school or middle school.
  SEC. 4.  Section 51122 of the Education Code, as added by Chapter
78 of the Statutes of 1999, is repealed.
  SEC. 5.  Section 51122 is added to the Education Code, to read:
   51122.  (a) The Superintendent of Public Instruction shall
allocate funds to school districts and charter schools that have
certified to the superintendent that they satisfy the conditions of
subdivision (c) of Section 51121.  A qualifying school with a pupil
enrollment of fewer than 1,000 pupils shall receive a grant of
twenty-five thousand dollars ($25,000).  A qualifying school with a
pupil enrollment of 1,000 or more pupils shall receive a grant of
forty thousand dollars ($40,000).
   (b) The funds received pursuant to this article may be used to
compensate teachers, to provide training to teachers, and to defray
other costs associated with the implementation of the Parent/Teacher
Involvement Program.  A qualifying school shall be funded in the
order of receipt of an approval certification until all funds
available for the program have been apportioned.
   (c) The total amount of the grants allocated pursuant to this
section shall not exceed the total amount appropriated for the
purposes of this section.
   (d) (1) Funding for this program shall be made available to all
schools.  The Superintendent of Public Instruction shall rank schools
in order based on the number of pupils who are eligible to receive
free or reduced-cost meals through the United States Department of
Agriculture and shall group schools in two halves based on this
ranking.  Available funding shall then be distributed as provided in
paragraph (2) between the two halves.  Within each half, qualifying
schools shall be funded in order of receipt of the district-approved
certification.
   (2) Funding shall be distributed between the halves as follows:
   (A) The half containing schools with the highest number of pupils
who are eligible for free or reduced-cost meals through the United
States Department of Agriculture shall receive an amount equal to 75
percent of the funding.
   (B) The half containing schools with the second highest number of
pupils who are eligible for free or reduced-cost meals through the
United States Department of Agriculture shall receive an amount equal
  to 25 percent of the funding.
   (e) Priority for home visits shall be given to low-performing
pupils.
  SEC. 6.  Section 51123 is added to the Education Code, to read:
   51123.  Nothing in this article shall be construed to supersede
any valid restraining order, protective order, or order for custody
or visitation issued by a court of competent jurisdiction.
  SEC. 7.  Article 3 (commencing with Section 51130) is added to
Chapter 1.5 of Part 28 of the Education Code, to read:

      Article 3.  Teresa P. Hughes Family-School Partnership Award
and Grant Program

   51130.  This article shall be known, and may be cited, as the
Teresa P.  Hughes Family-School Partnership Award and Grant Program
and shall be administered by the State Department of Education.
   51131.  As used in this article, "parent" means the natural,
adoptive, or foster parent of a pupil, a surrogate parent, a family
member acting on behalf of the parent, or any person having legal
authority to make educational decisions on behalf of a pupil.
   51132.  (a) A school district or county office of education may
apply to the State Department of Education for a grant for the Teresa
P. Hughes Family-School Partnership Program being operated by a
school within the district or may apply for a grant of funds to
establish or expand a family outreach program that meets the criteria
set forth in subdivision (b) at a school or schools within the
district.
   (b) A family outreach program shall encourage participation by
parents of all pupils at the schoolsite, including, but not limited
to, parents of challenged and at-risk families and may include any of
the following components:
   (1) Providing interpreters or other accommodations, as needed, for
parents at school functions.
   (2) Providing transportation for pupils and parents to school
functions.
   (3) Providing child care or food for special school events that
parents are invited to attend.
   (4) Encouraging parents to serve as coaches or as coordinators in
pupil activities.
   (5) Providing extra assistance as needed to facilitate parent
participation for families of pupils with disabilities and for
families of pupils who are at risk.
   (6) Establishing a regular system of communication to remind and
encourage parents to attend school functions.
   (7) Engaging in collaborative efforts between schools and other
community groups to further parent participation.
   (8) Other creative methods for involving families in the education
of their children.
   (c) The amount of funds granted to schoolsites pursuant to this
section shall be determined by the State Department of Education but
shall not exceed fifteen thousand dollars ($15,000) per schoolsite.
   51133.  (a) The Superintendent of Public Instruction shall award
nonmonetary Teresa P. Hughes Family-School Partnership Awards
pursuant to this article to school districts and county offices of
education for schools that operate outstanding family-school
partnership programs.
   (b) Nonmonetary awards made pursuant to this section shall be
based upon the degree of parent participation and an assessment of
any combination of the following types of parental participation:
   (1) The membership or other participation in a functioning
schoolsite council or other parent organization.
   (2) The regular volunteer assistance provided in school activities
both in the classroom and outside of the classroom.
   (3) The participation in signed compacts or other educational
plans with the teachers.
   (4) The attendance at school functions that parents or families
are invited to attend.
   (5) The participation in parent training and education programs
established or conducted by the school.
   (6) The progress made over time toward increasing parental
participation.
   (7) The number of home visits by school personnel.
   (8) The degree to which the outreach program emphasizes the
importance of including parents of all pupils within its efforts to
enhance parent participation.
   (c) Nonmonetary awards made pursuant to this section shall be in
the form of a plaque or sign.
  SEC. 8.  Article 4 (commencing with Section 51140) is added to
Chapter 1.5 of Part 28 of the Education Code, to read:

      Article 4.  Tom Hayden Community-Based Parent Involvement Grant
Program

   51140.  The Tom Hayden Community-Based Parent Involvement Grant
Program is hereby established, whereby state funds appropriated for
purposes of the program shall be directed to nonprofit
community-based organizations through a grant program administered by
the State Department of Education.  The state funds shall be
allocated to school districts for the purpose of contracting with
nonprofit community-based organizations to offer training courses for
parents and guardians of schoolage children to enhance parent and
guardian involvement in the education of their children in the public
schools.
   51141.  The State Department of Education shall select, through a
competitive process, the school districts that shall be awarded
training grants under this article.  At least 70 percent of the
available funding shall be granted to school districts that contract
with nonprofit community-based organizations that demonstrate each of
the following:
   (a) Ability to recruit and retain parent populations with
traditionally low participation rates, including, but not limited to,
immigrant and low-income parents.
   (b) Ability to conduct parent training in various languages to
meet the specific cultural and linguistic needs of the school
communities to be served.
   (c) Experience in collaborating with school districts, individual
schools, local agencies, and community educational resources in
implementing parent involvement programs.
   (d) Ability to retain a high percentage of parent participants in
their training course.
   51142.  (a) A parent involvement training course offered pursuant
to this article shall include training on school governance and how
parents and guardians can effectively participate in the
decisionmaking process at the school and school district level.  In
addition, the training course shall include at least six of the
following subject areas:
   (1) Home-school collaboration, including educational compacts.
   (2) Child development.
   (3) Child motivational skills.
   (4) Developing study habits.
   (5) Parent-teacher conferencing.
   (6) Gang, violence, and drug prevention in the school.
   (7) College preparation.
   (8) Children's health and nutrition.
   (9) Parenting.
   (b) A school district that receives a grant pursuant to this
article may provide ways to involve schoolage children in the
training courses and may encourage parents to involve their schoolage
children in the courses.
   (c) When developing a training course for a particular school
community, a school district receiving a grant pursuant to this
article shall solicit the input and participation of parents and
guardians from that school community to ensure that the course
offered for that school community is aligned to the needs of those
parents and guardians.
   51143.  The amount of grant funding available pursuant to this
article shall be determined by the State Department of Education but
shall not exceed forty thousand dollars ($40,000) per schoolsite.
  SEC. 9.  The sum of twenty million dollars ($20,000,000) is hereby
appropriated, without regard to fiscal year, from the General Fund to
the Superintendent of Public Instruction for allocation for the
purposes of the act adding this section, as follows:
   (a) Fifteen million dollars ($15,000,000) for purposes of Article
2 (commencing with Section 51120) of Chapter 1.5 of Part 28 of the
Education Code.
   (b) Two million five hundred thousand dollars ($2,500,000) for
purposes of Article 3 (commencing with Section 51130) of Chapter 1.5
of Part 28 of the Education Code.  Of this amount, the Superintendent
of Public Instruction may use up to one hundred thousand dollars
($100,000) for state administration purposes.
   (c) Two million five hundred thousand dollars ($2,500,000) shall
be allocated for the purposes of Article 4 (commencing with Section
51140) of Chapter 1.5 of Part 28 of the Education Code.  Of this
amount, the Superintendent of Public Instruction may use up to one
hundred thousand dollars ($100,000) for state administration
purposes.
  SEC. 10.  The State Department of Education shall report to the
Legislature on or before January 1, 2001, on the programs funded
pursuant to Article 2 (commencing with Section 51120), Article 3
(commencing with Section 51130), and Article 4 (commencing with
Section 51140) of Chapter 1.5 of Part 28 of the Education Code.  The
report shall include, but not be limited to, the number of school
districts and schools funded pursuant to the programs established by
the act adding this section, the number of pupils served by the
school districts and schools that receive funding, and the nature of
the programs established by the act adding this section.
